On behalf of Weisman, Kennedy & Berris Co., L.P.A. posted in Products Liability on Monday, December 10, 2012.
There are many products available that are intended to make people’s lives easier in various ways. Unfortunately, some of slip through manufacturing with design defects or dangers that are not readily apparent or adequately explained. Anyone who suffers injury or loss because of a dangerous product may be entitled to financial compensation.
On Dec. 5, the U.S. Consumer Product Safety Commission filed an administrative complaint against the manufacturer of a baby seat which has been implicated in five infant deaths. The complaint is seeking the mandatory recall of the recliners and refunds for all purchasers. A spokesman for the CPSC called it a “rare and serious” step, with this being only the fourth time it has been taken in 11 years.
The product in question is a foam baby seat, modelled after a car seat, which is intended to hold babies in a safe manner and allow them to sleep without supervision. To assist with this, the seat is fitted with a safety harness to restrict the baby’s movement.
The deaths appear to have occurred when parents used the recliners in a crib, resulting in the infants suffocating on blankets or crib bumpers. Although the manufacturer did not recommend that the product be used in this way, the position of the CPSC is that manufacturers should anticipate how consumers will use their products and non-recommended use does not exempt them from liability.
Those who have been the victim of injury or loss caused by a defective or dangerous product should investigate to see if they can obtain compensation through personal injury suits or a class action suit.
Source: Philly.com, “Consumer product agency seeks recall of Berwyn company’s Nap Nanny and refunds for buyers,” Diane Mastrull, Dec. 7, 2012